********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Brahmin Broadcasting Corporation ) File No. EB-11-DV-0223
Licensee of Radio Station KPAD )
Facility ID # 166006 )
Wheatland, WY ) NOV No. V201232800011
)
NOTICE OF VIOLATION
Released: January 11, 2012
By the District Director, Denver Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Brahmin Broadcasting Corporation
("Brahmin"), licensee of radio station KPAD, Wheatland, WY. This
Notice may be combined with a further action, if further action is
warranted.
2. On August 16, 2011, an agent of the Enforcement Bureau's Denver Office
inspected the KPAD main studio located in Wheatland, WY, and observed
the following violations:
a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan ..." At the time of the inspection, KPAD was monitoring a
source other than those authorized as LP-2 sources for Wyoming EAS
Area 5 within the Wyoming State EAS Plan.
b. 47 C.F.R. S: 73.1125(e): "Each AM, FM, TV and Class A TV broadcast
station shall maintain a local telephone number in its community of
license or a toll-free number." At the time of the inspection, the
phone number given for the KPAD main studio was a long distance call
from the city of Wheatland, WY.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, Brahmin must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct each violation
and preclude recurrence, and (iii) must include a time line for
completion of any pending corrective action(s). The response must be
complete in itself and must not be abbreviated by reference to other
communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Brahmin to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Brahmin with personal knowledge of the
representations provided in Brahmin's response, verifying the truth
and accuracy of the information therein, and confirming that all of
the information requested by this Notice which is in the licensee's
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Denver District Office
215 S. Wadsworth Blvd., # 303
Lakewood, CO 80226
6. This Notice shall be sent to Brahmin Broadcasting Corporation at its
address of record.
7. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission